TERMS AND CONDITIONS
BY USING THESE SERVICES YOU ARE UNCONDITIONALLY AGREEING TO THE TERMS AND CONDITIONS SET FORTH BELOW:
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE AND USER AGREEMENT
The TulipDomains Domain Marketplace ("Service", "TulipDomains"), owned and operated by Tulip and Bears LLC ("Company"), is provided to you ("Member", "you") under the terms and conditions of this TulipDomains Domain Marketplace User Agreement ("TOS") and any operating rules or policies that may be published by TulipDomains. The User Agreement comprises the entire agreement between Member and TulipDomains and supersedes all prior agreements between the parties regarding the subject matter contained herein. By completing the registration process and using this website you are agreeing to be bound by all of the terms and conditions of the User Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate or other TulipDomains services, third-party content or third-party software. TulipDomains reserves the right, at our sole discretion, to change, modify, add to or remove, or otherwise alter these Terms of Service ("TOS") without notice or liability to you
by updating this page. Any changes to these TOS shall be effective immediately following the posting of such changes on this website. You agree to review these TOS from time to time and agree that any subsequent use by you of this website following changes to these Terms of Service shall constitute your acceptance of all such changes. If you do not agree with these terms, then you may not continue to use this site, its services or any information contained herein.
2. DESCRIPTION OF SERVICE
TulipDomains Domain Marketplace is an Internet based service that provides Member with the ability to buy, sell, transfer, get appraisals, park, and register domain names, and to buy and sell web sites from other members. TulipDomains is not responsible for the legality of domain names not owned by us that are placed on the site for sale by other members, and we do not take part in the transaction of domain names not owned by us. TulipDomains recommends that you research the domain name you are interested in purchasing from another member to determine if it infringes on the intellectual property rights of another before making your final purchase decision. TulipDomains cannot guarantee that transactions involving member-to-member sales and auctions will be completed, nor can we guarantee the validity of the identity of individual members, and we are not responsible for the words of actions of the members who use our service.
Some of the services provided by TulipDomains will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees or Internet access fees associated with such access. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this TOS.
3. MODIFICATIONS TO TERMS OF SERVICE
TulipDomains may update the terms and conditions of the TOS from time to time without notice to Member. Upon any changes in the terms and conditions of the TOS, TulipDomains will notify you by posting the changes on our web site. Any changes to these TOS shall be effective immediately following the posting of such changes on this website. You can review the most current version of the TOS at any time at: http://www.tulipdomains.com/termsofservice.php. . Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TOS and TOS modifications; and (2) agreement by Member to abide and be bound by the TOS and TOS modifications.
4. MODIFICATIONS TO SERVICE
TulipDomains reserves the right to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to Member. TulipDomains shall not be liable to Member or any third party should TulipDomains exercise its TOS right to modify or discontinue the Service. You agree that TulipDomains shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
software and/or service.
6. MEMBERSHIP ELIGIBILITY AND REGISTRATION
(a)To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. MINORS, may not under any circumstances use our services.
(b)Our services are not available to any persons who are suspended or otherwise banned as TulipDomains members or who have been suspended/banned from other services offered by Tulips and Bears LLC.
(c)If you are eligible to use our services, you must complete the Registration process by providing TulipDomains with true, accurate, and complete information as required on the TulipDomains registration form and you agree to keep your account information up to date. If the contact information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws.
By registering with our site, you agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
TulipDomains reserves the right to limit or refuse service to any person or entity for any reason at our discretion.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
(a) When you become a member of the Service, you will a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account and you agree that you shall be liable for any activity performed by any people using the Site, the Software or the Services under your user name and password. Member agrees to immediately notify TulipDomains of any unauthorized use of Member's account or any other breach of security known to Member.
(b)Member agrees NOT to use the Service to: 1) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) Impersonate any person or entity, including, but not limited to, an TulipDomains staff, or falsely state or otherwise misrepresent your affiliation with a person or entity; 3) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 4) Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 5) Upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; 6) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "snowball-systems", "mass-emails" or any other form of solicitation or commercial exploitation. This includes but is not limited to: (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical.
There are no fees to register as a Member on TulipDomains .
TulipDomainsís Fees and Credits Policy is available and is incorporated herein by reference, as though fully set forth herein. Like our other Terms and Conditions, we may change, modify, and/or otherwise revise our Fees and Credits Policy as well any other fees for TulipDomainsís services. All changes to the Fees and Credits Policy shall be effective after we provide you with at least fourteen (14) days notice of the changes by posting the changes in the Fees and Credits Policy to the Fees and Credits Policy page of this web site. TulipDomains does not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be effected by numerous factors beyond our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
We also reserve the right to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Fees and Credits Policy pages.
At the time you list a domain name/website, order an appraisal, or a showcase listing, you have an opportunity to review and accept the fees that you will be charged for the use of our services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
9. BIDDING AND BUYING
By placing a bid on a domain name or web site listed on TulipDomains, you are stating that you have the ability and intention to purchase the domain name or web site for the amount of your bid, should the auction end and you are the high bidder. If you are the highest bidder at the end of an Auction which is defined as meeting the applicable minimum bid and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. By bidding on a domain or web site you agree to be bound by the conditions of the sale included in the itemís description, or linked to from the description, so long as those conditions of the sale are not in violation of this Agreement or unlawful.
Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid.
10. SELLING AND LISTING OF DOMAIN NAMES AND WEB SITES
As a condition of listing and selling domain names and web sites on TulipDomains, you (the seller) warrant to other members that your listings for sale meet all of the following conditions:
A. You have registered the domain name with the correct registrar or registry of the domain name and your domain name registration is current with: a) all registration fees having been fully paid; b) the domain name registration is not subject to deletion, cancellation or deactivation by the domain name registrar or registry; and c) you are not in breach of any obligation to the registrar and the registration is not involved in a dispute procedure or suspension with the registrar.
B. You are a) listed as the authorized contact for the domain on its registration and you have authority to list and transfer the domain; or b) the domain name registrant has authorized you to act as their agent for the sale and transfer of the domain name.
C. You agree not to list or transfer any domain name that: a) infringes upone the intellectual property rights, copyrights, trademarks, or licences of a third party; and b) is the subject of any legal action or threatened legal proceedings for infringing upon the intellectual property rights of a third party, or legal action that challenges your right to use and register the name; and c) you agree to promptly notify TulipDomains and any member you are involved in a transaction with if a claim of infringement or intellectual property violation is made against the domain name.
D. You agree that there is no current, past, or pending legal action against you that would prevent you from transferring the domain name)
E. You agree: a) not to list or transfer any domain name that violates any law, statute, ordinance or regulation; and b) you agree not to list any item on our site (or consummate any transaction) that could cause us to violate any applicable law, statute, ordinance or regulation
F. You agree not to list or transfer any domain name that is defamatory, libelous, unlawfully threatening or unlawfully harassing, or offensive.
G.You agree that: a) the domain name, or any interests in the name, has not been licensed or mortgaged to a third party; and b) you agree that you will assign any trademark interest in the domain to the purchaser without charge upon request of the buyer
H. You agree that you and your employees will not engage in fraudulent activity or manipulation of bid pricing by placing bids or making offers on domain names that you have listed for sale.
I. You agree that all bids are binding on both buyer and seller and that if you receive at least one bid at or above your stated minimum price, you are obligated to complete the transaction with the highest bidder upon the Auctions completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyers identity.
J. You agree to accurately describe the domain listing and you agree not to link to or describe other items or services that are not listed on TulipDomains.
11. ACCESS AND INTERFERENCE
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Member furthermore agrees not to upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
12. ADVERTISEMENTS AND PROMOTIONS
TulipDomains runs advertisements (which include but are not limited to banner advertisements and text ads) and promotions on the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TulipDomains shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
13. THIRD PARTY HYPERLINKS
The appearance of external hyperlinks, pointers, and/or other materials generated by third parties are provided to you for convenience only and do not constitute an endorsement or approval by TulipDomains, its subsidiaries and affiliates, of: (a) the opinions or views expressed by these third party web sites; (b) the organizations that operate such websites; (c) the content, privacy policies or other Terms of Service on such websites; or (d) such third party products and services . TulipDomains explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. In addition, TulipDomains is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither TulipDomains nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. As
we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing and you hereby irrevocably waive any claim against TulipDomains with respect to such sites, which use you acknowledge and agree shall be at your own risk. Thus, under no circumstances will TulipDomains be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
All notices given between both parties (Member and TulipDomains) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be given by posting such changes to the site, and will be considered given and effective when posted to the site.
15. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT (a) USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TULIPDOMAINS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) TULIPDOMAINS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TULIPDOMAINS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. (c) MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. (d) TULIPDOMAINS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. (e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. LIMITATION OF LIABILITY
TULIPDOMAINS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TULIPDOMAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
18. OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, designs, text, images, illustrations, artwork, graphic material, forms, logos, photographs, illustrations, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, are the property of TulipDomains, and/or its subsidiaries, affiliates, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. . Except as expressly authorized by TulipDomains, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. All TulipDomains code and specifications for the operation of the Service, are subject to their express or implied licenses. Unauthorized or prohibited exploitation of materials will result in deletion of the offender's account from the site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Member agrees to indemnify and hold TulipDomains, its parent company, subsidiaries, affiliates, officers, employees, agents, or other partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this TOS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
20. NO AGENCY
You and TulipDomains are independent contractors, and NO agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Member agrees that TulipDomains, in its sole discretion, may terminate your use of the Service or use of any other TulipDomains service, for any reason, including, without limitation, if TulipDomains believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Without limiting other remedies, we may immediately issue a warning, or terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement or if we are unable to verify or authenticate any information you provide to us or if we believe that your actions may cause legal liability for you, our users or us. . This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.
TulipDomains may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TulipDomains may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that TulipDomains shall not be liable to you or any third-party for any termination of your access to the Service.
Member may terminate the Service with or without cause at any time and effective immediately. TulipDomains shall not be liable to Member or any third party for termination of Service. Should Member object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately discontinue use of the Service. Upon termination of the Service, Member's right to use the Service immediately ceases. Member shall have no right and TulipDomains will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
The TOS and the relationship between Member and TulipDomains shall be governed by and construed in accordance with the laws of the state of New York. Member and TulipDomains agree to submit to the exclusive jurisdiction of the courts located within the county of New York, in the state of New York. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. TulipDomains's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TulipDomains in writing. Member and TulipDomains agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section
titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
The services herein are offered by TulipDomains. Any Inquiries can be made to the following address:
ATTN: Legal Department
Tulips and Bears LLC
244 5th Ave Ste T-200
New York, NY 10001
Please report any violations of the TOS via the contact form at the TulipDomains Support Center. Additional information on how to report violations of the TOS may be found in the TulipDomains FAQ